( 1 ) HEARD Sri V. M. Zaidi, learned counsel appearing for the appellant assisted by Sri V. P. Srivastava, Advocate and Sri H. C. Mishra, Advocate and the learned A. G. A.

( 2 ) THIS appeal arises out of the judgment and order dated 16. 12. 1986 whereby the Special Judge (Prevention of Corruption Act), Meerut, has convicted and sentenced the appellant-Data Ram for the offences punishable under Section 161 I. P. C. and Section 5 (2) of Prevention of Corruption act, 1947.

( 3 ) THE background facts giving rise to an occasion for criminal prosecution of the appellant in short: are that the complainant Ram Chandra (PW 3) was allotted a peace of land by the Gaon samaj on lease (Patta) in a particular plot. He made a request to the appellant accused, who happened to be the Lekhpal of that village to make the measurement of the said allotted land in return whereof the appellant put his condition for giving a sum of Rs. 100/- to him as gratification. The complainant did not relish this demand of illegal gratification by way of bribe and as such, he approached the Vigilance Department of District Meerut by giving an application to this effect (Ext. ka-6) addressed to Dy.